The purpose of this chapter is to ensure compliance with the full faith and credit provision of the Violence Against Women Act of 1994 (VAWA) as set forth in 18 U.S.C. 2265, as it may be amended from time to time, and to ensure that victims of domestic violence are able to move across State and Tribal boundaries without losing the ability to enforce protection orders they have previously obtained to increase their safety.
The Port Gamble S’Klallam Tribe recognizes, and the Tribal Police shall enforce, all valid foreign protection orders. If a foreign protection order is from another tribe, the respondent may petition the PGST Court for a hearing if reasonable notice and the opportunity to be heard was not provided by the tribe that issued the original order.
The Court shall coordinate with other agencies and ensure that any Port Gamble S’Klallam Tribal Protection Orders are submitted to any other jurisdiction, whether federal, state, tribal, or local, for the purpose of enhancing full faith and credit enforcement of all protection orders, including provisions to enter a protection order in the National Crime Information Center (NCIC) database.
(Res. 18-A-101 9/17/2018; Res. 19-A-060, 7/22/2019, modified this section to remove the requirement that a foreign protection first be provided to the Tribal Court before the Tribe would recognize the order as valid.)
The Clerk shall accept and file all foreign protection orders that the Tribal Court receives from an outside jurisdiction. To ensure the proper and timely enforcement of all Port Gamble S’Klallam Tribal protection orders, and of any foreign orders within the Tribe’s jurisdiction, the Tribal Court shall keep a registry of all protection orders issued by or registered with the Tribal Court. The Court Clerk shall provide tribal law enforcement with copies of protection orders within the same day of issuance or of filing with the Tribal Court.
The Clerk shall also immediately provide to law enforcement any information concerning changes to a protection order, such as modification, revocation, withdrawal, or expiration.
The Tribal Court shall make its record of protection orders available at all times to any court, law enforcement agency, or domestic violence program.
(Res. 18-A-101, 9/17/2018)
Police officers or other enforcement officers shall not be held criminally or civilly liable for making an arrest under this chapter if the officer acted in good faith and without malice.
(Res. 18-A-101, 9/17/2018)